HomeMy WebLinkAbout20000840.tiff HEARING CERTIFICATION
DOCKET NO. 2000-15
RE: SITE SPECIFIC DEVELOPMENT PLAN AND FINAL PLAN, S#523, FOR WEST HILL-N-
PARK, FIFTH FILING, CONTAINING 18 LOTS -JER, A PARTNERSHIP
A public hearing was conducted on April 12, 2000, at 10:00 a.m., with the following present:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Sheble McConnellogue
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated March 27,2000,and duly publi:,hed March 30,2000,
in the South Weld Sun, a public hearing was conducted to consider the request of JER, a
partnership, for a Site Specific Development Plan and Final Plan, S #523, for West Hill-N-Park,
Fifth Filing, containing 18 lots. Lee Morrison, Assistant County Attorney, made this a matter of
record. Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and entered the favorable recommendation of the Planning Commission into the record
as written. Mr. Gathman stated the request is for 18 lots zoned R-5 (Mobile Home Residential).
He stated ten referral agencies responded with comments which were incorporated into the
Conditions of Approval. He further stated the proposed development is touted within the Urban
Growth Boundary area of the City of Evans. Mr. Gathman stated there is an agreement for water
service with the City of Evans indicating there is a sufficient amount of water taps, and the City of
Evans will provide sewer service. Mr. Gathman recommended Condition Df Approval #1.6 be
deleted based on a letter from the City of Evans, marked Exhibit E, stating the As-Built
Construction Plans are satisfactory. He also submitted a memorandum, marked Exhibit F,
requesting changes to the Conditions of Approval. In response to Commissioner Geile, Mr.
Gathman stated the applicant did submit covenants with the application. Mr Morrison stated the
need for Covenants was discussed at the Preliminary Plan hearing, and a I of the outstanding
issues have been resolved. He added the applicant can be required to record the Covenants at
the same time the plat is recorded. Responding to Commissioner Vaad, Mr. Gathman stated the
site is not within the Traffic Impact Fee area.
Mike Thomas represented the applicant and stated the revised covenants have statements which
continue them into perpetuity, and there is a provision for enforcement and liens regarding
maintenance. Mr. Thomas stated one of the Conditions at the Preliminary Hearing required the
applicant to build a fence along the entire northern boundary; however, the partial fence was
constructed last June and has successfully stopped traffic between the Hill-N-Park and Arrowhead
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Subdivisions; therefore, the applicant is requesting the Condition be modified to require only a
portion of the northern boundary be fenced. He further stated as lots are purchased and
constructed, the future property owners will likely extend the fence to encose their yards. Mr.
Thomas stated the applicant is also requesting Condition of Approval #2.A.1 be deleted, as
providing topography information on a plat is not a standard request. He further stated the
applicant agrees to provide easements within the open space area, and also agrees with the
remaining Conditions of Approval. Mr. Thomas explained once the Homeowners' Association is
created,the residents will pay for maintenance of roads, open space, and vacant lots prior to being
sold. In response to Commissioner Geile, Mr.Thomas stated each property is assessed; however,
there are no set dues and residents pay what they can. He added the open space area will remain
planted in natural vegetation.
Responding to Commissioner Geile, Sam Oldenberg, attorney for the applicant, stated the
Covenants and Homeowners'Associations for the second,third,and fourth filings could not assess
dues or provide enforcement. He reiterated the proposed covenants for the fifth filing have
provisions for lien burdens, levies, and the right to collect necessary amounts to cover operational
expenses of this particular filing. He stated the building requirements are the same as the previous
filings,and added there is a special provision for maintenance of the barricade on 47th Avenue and
the retention pond. Mr. Oldenberg stated if the Homeowners' Association does not adequately
maintain common properties, Weld County will have the ability to maintain common facilities and
then assess the costs to lots within the fifth filing to ensure perpetual maintenance. In response
to Commissioner Geile, Mr. Oldenberg stated he is not aware that the previous filings were told this
area would be turned into a green area. Responding to Commissioner Baxter, Mr. Oldenberg
stated the existing streets are County maintained. Mr. Thomas stated the 18 lots have been
planned for more than 10 years and the sewer lateral lines have been in place for many years. He
added the utilities were installed at the time of third filing.
Gail Sanger, surrounding property owner, expressed concern with eliminatirg the requirement of
a fence along the entire northern property, and requested the requirement not be waived. Ms.
Sanger stated she has agreed to open a new access to their outbuildings. She indicated there are
still some problems with people trying to get around the partial fence as it exists. In response to
Commissioner Vaad, Ms. Sanger indicated the location of her property.
Mr.Thomas stated a line of trees planted along the northern boundary of the fourth filing have been
moved further north so that they will not interfere with the street. He explained placing a fence
along the entire northern boundary will not provide a visual barrier because the property slopes
down toward the Sanger property. Mr. Thomas explained there was a gaze on the applicant's
property which was used by the Sangers to access their outbuildings; however, due to problems
with trespassing, the gate was removed and replaced with the existing fence. He suggested the
requirement be amended to only place the fence to a distance which will prevent traffic from driving
onto the Sanger property. In response to Commissioner Baxter, Mr. Thomas stated the property
north of the fifth filing is owned by Elmer Lundvall and will not be part of West Hill-N-Park
Subdivision. In response to Chair Kirkmeyer, Mr. Thomas stated the pine trees for the fourth filing
were moved two or three years ago and now average seven to eight feet in height. Responding
further to Chair Kirkmeyer, Mr. Thomas reiterated the applicant requests approval with changes
to require the applicant to build a partial fence and delete Condition of Approval #2.A.1 because
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HEARING CERTIFICATION - JER, A PARTNERSHIP (S #523)
PAGE 3
the contour lines are indicated on the drainage plan and it is an unnecessary request. Mr.Thomas
stated the applicant agrees with the remaining Conditions of Approval, aid the Homeowners'
Association will be incorporated following approval of this proposal. Mr. Gathman clarified
Condition of Approval#2.A.1 was added at the request of the Geological Surrey and it is also used
for loan information. Mr. Thomas suggested the length of the required fence be modified from
2,600 feet to just enough to prevent traffic. Responding to Chair Kirkmeyer, Mr. Morrison stated
the Conditions of Approval need to be consistent with the intent of the Preliminary Plan. Mr.
Gathman modified his previous statement and stated the topography information is not a standard
requirement of a Final Plat and he has no objection to deleting Condition of Approval #2.A.1. In
response to Chair Kirkmeyer, Mr. Gathman stated the minutes of the preliminary meeting indicate
the Commissioners approved the Condition requiring a fence along the entire northern property
line. In response to Commissioner Baxter, Mr. Gathman stated he did visit the site and he feels
this is a reasonable request to screen existing buildings; however, constructing a fence further to
the east would only screen the site from open farmland. Responding to Commissioner Geile, Mr.
Gathman stated the existing fencing should be adequate to prevent traffic and it is likely the future
homeowners will build fences around their yards. Mr. Morrison recommended determining what
the developer is required to do now because once the lots are sold, he will no longer be
responsible. Mr. Thomas stated the proposed Covenants allow for perpetual closure of the road.
In response to Chair Kirkmeyer, Mr.Thomas stated the applicant previously a greed to constructing
the fence because it was the only way to move forward;however,the existing fence has adequately
stopped traffic and the applicant does not feel extending the fence is necessary. In response to
Chair Kirkmeyer, Mr. Gathman stated Condition of Approval#4.F of the Preliminary Plan required
an On-site Improvements Agreement for a 6-foot wood privacy fence along 1 he northern property
line. Commissioner Hall recommended adding a Condition of Approval to require the applicant to
place a fence to the extent that it prevents unauthorized access. Following Discussion regarding
the required length of the fence, Chair Kirkmeyer suggested adding a new Condition of Approval
#3 to indicate a six-foot privacy fence shall be built to the fenced corner located east of the adjacent
property owner's outbuilding and then renumber the remaining Conditions. Mr.Gathman estimated
the distance to be approximately 300-400 feet.
Commissioner Geile moved to approve the request of JER, a partnership, for a Site Specific
Development Plan and Final Plan, S #523, for West Hill-N-Park, Fifth Filing, containing 18 lots,
based on the recommendations of the Department of Planning Services staf.`, with the Conditions
of Approval as entered into the record and delete Conditions of Approval#1.B, and#2.A.1, amend
Condition of Approval #1.C to change "1998" to "1999," add a new Condition of Approval #3
regarding the placement of a six-foot privacy fence, and add notes to be placed on the plat under
Condition #2.8 as submitted by staff. The motion was seconded by Comn-issioner Baxter, and
it carried unanimously.
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SUBD WEST HILL N PARK
HEARING CERTIFICATION - JER, A PARTNERSHIP (S #523)
PAGE 4
This Certification was approved on the 17th day of April 2000.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ,� rl rsal 1 116'a `� / i 4
' Syr" p=-rbara J.f kmeyer, Char
Weld County Clerk to the rc ;; ., , . .'. Sac
CP �. J. 'I-, Pro- em
BY: ��/ fin• pry _74 _4/
Deputy Clerk to the Boar. -. � v7(
/GC e\ . Baxter
TAPE #2000-10
Dale K. Hall /
DOCKET#2000-15 4u4..1
Glenn Vaad �---
2000-0840
SUBD WEST HILL N PARK
EXHIBIT INVENTORY CONTROL SHEET
Case S #523 - JER, A PARTNERSHIP (WEST HILL-N-PARK, FIFTH FILING)
Exhibit Submitted Bj Exhibit Description
A. Clerk to the Board Notice of Hearing
B. Various Surrounding Property Owners Petition of Opposition and Concern
(04/11/2000)
C. Applicant Vicinity Map
D. Applicant Preliminary Plan Map
E. Planning Staff Letter from City of Evar s(04/05/2000)
F. Planning Staff Memo re: Changes to Conditions of
Approval (04/07/2000)
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 12TH DAY OF APRIL, 2000:
DOCKET#2000-15 - JER, A PARTNERSHIP (WEST HILL-N-PARK SUBDIVISION)
PLEASE legibly write or print your name and complete address and the DOCKET#
(as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING
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